Editor's Review

The Supreme Court on Friday, February 24 ruled that the members of the LGBTQ community have a right to associate despite the law considering same-sex marriages illegal

President William Ruto has announced that he will not allow the LGBTQ community in Kenya.

Speaking on Thursday, March 2 during the re-launch of the Women Enterprise Fund at KICC, Nairobi, President Ruto stated that he is a man of God and will not allow LGBTQ.

“Hata kama tunaheshimu korti, desturi, mila, ukristu wetu , uislamu wetu hauwezi kuturuhusu mke aoe mke mwenzake ama mwanaume aoe mwanaume mwenzake," said Ruto. 

File image of President William Ruto

The Head of State told Kenyans not to worry about the LGBTQ debate, noting that the community will never be allowed in the country.

“Hiyo haiwezekani katika taifa letu la Kenya, msikue na wasiwasi, itafanyika kwingine lakini sio Kenya,” Ruto stated.

He added,”Kina mama mi nataka niwahakikishie siwezi kuruhusu wnaume wawaletee competition, ati wameenda kutafta wanaume. Sasa nyinyi mtatoa wanaume wapi kama wanaume wameendea wanaume wenzao? That one I will not agree.”

At the same time, former Prime Minister Raila Odinga has stated that same-same marriages are not allowed in the constitution and people should only marry people of the opposite sex. 

“Every person has a right to marry a person of the opposite sex mradi ya kwamba wamekubaliana hiyo ndio katiba, “ Raila stated.

The Supreme Court on Friday, February 24 ruled that the members of the LGBTQ community have a right to associate despite the law considering same-sex marriages illegal.

The apex court noted that it was discriminatory for the Non-Governmental Organization Board to refuse to register LGBTQ organizations.

“The Court determined that the use of the word "sex" under Article 27(4) does not connote the act of sex per se but refers to the sexual orientation of any gender, whether heterosexual, lesbian, gay, intersex or otherwise. It was of the view that the word "including" under the same Article is not exhaustive, but only illustrative and would also comprise "freedom from discrimination based on a person's sexual orientation.

“Therefore, the appellant's action of refusing to reserve the name of the 1st respondent's intended NGO on the ground that "Sections 162, 163 and 165 of the Penal Code criminalizes Gay and Lesbian liaisons" was discriminatory in light of Section 27(4) of the Constitution,” the ruling read in part.